Buchanan clark & wells??

dogwoof · 30 August 2007 at 3:42PM

they wrote to my boyf saying he owed money for a british gas account

we dont have a british gas account

we wrote to them stating this, we asked them where they got my boyf's name and address from this was not our debt.

they wrote back saying they are prepared to reduce the debt by £10 if paid today 30/08/07

what do i do?

phone them up today and say where has this come from/who is it actually with???? or write to them again, asking for evidence?

if i phoned today then they could still hassle us, now we've admitted that my boyf is living at this address.

???????????? what do we do???

is this company dodgy?

rayday2 · 30 August 2007 at 3:46PM

I have come accross them through Lloyds so they are a proper debt collecting company I would write and ask them to prove the debt. Someone else will have the links.

inmypocketnottheirs · 30 August 2007 at 3:48PM

Write to the debt collectors and inform that you do not acknowledge any debt to them. Inform them that you do not have any gas supplied by British Gas. Also say that you will not enter in to any further correspondence until they can support their claim.

HTH

dogwoof · 30 August 2007 at 4:11PM

thanx :rolleyes:

i wrote to them 2 weeks ago

and said this is not my debt! i do not have any services with British Gas, i asked them where did you get my name and address?

and that i awaited more info from them but they just wrote back saying they would deduct money if i pay now.

so i shouldnt phone them directly?? and ask what is the exact name on the account and where has it come from?

i should write to them a 2nd time????

and state that i wont write to them anymore until they can provide evidence? ......is that not what i wrote the 1st time asking for?

?????????? plz advise ta

rayday2 · 30 August 2007 at 4:14PM

Never ring debt companies even if on an odd chance they are helpful you always want what they say in writing!

There is another topic on the first page about "DCA chasing me " or something and someone posted a template letter in that, I think this action would benefit you too.

inmypocketnottheirs · 30 August 2007 at 5:14PM

As rayday says, never ever phone. They will tie you up. If they phone you, just say you refuse to discuss anything on the telephone and to write to you.

I would just ignore them now. You have laid your cards on the table. If they want to take you to court, they will have to prove to the court that the debt exists and that it is yours. Your defence will be, that it isn't and they have not proven otherwise.

IMHO the best method of dealing with telephone calls from DCA's is to be rude to them, swear, insult and generally be a not very nice person. Shouting abuse at them generally results in them hanging up. If you are too nice to be able to do that, then when they call just leave the phone off the hook, and go about your business. They will soon get fed up with calling.

HTH

RAS · 30 August 2007 at 5:16PM

I have nabbed a previous post. The door step collector para may need removing.

Edit it to include your details and send this this recorded delivery.

You may find that the debt is statute barred. Otherwise, you may find that they do not have the documentation. They can do nothing to you unless they can prove it was your debt.

What a lot of these companies do is buy statute barred debts and then try to trace the person concerned (or anyone with that name) and get them to cough up despite the fact that the debt is no longer valid. They can be very threatening, so you might want to add that all communication will be by letter. If they ignore that you can report them.

Here is a template letter (dates need to be edited) that was posted by the user PhatBear in another thread recently. Hope it helps.

If a debt collecting agency is chasing you send them this:

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

4. I would also like to point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by 6th February 2006, I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Regarding your threat that a Doorstep Collector will call the owner of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner of "insert your address", will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the property owner to sue both yourselves or any agents working on your behalf

Yours,

[EMAIL="abuse@moneysavingexpert.com?subject=Reporting post http://forums.moneysavingexpert.com/showpost.html?p=5341845"]

[/EMAIL]

dogwoof · 31 August 2007 at 10:02AM

thanx every1 for advice

i typed a letter up stating i do not ackowledge this debt.

but not sure whether to send it yet?

my boyf got a letter from barlcaycard recent stating that he owed £5000 (we wrote back saying he had never had an acc with barclaycard and was not his debt.

they just wrote back saying that the debt was with 1st credit something or other. but my boyf has the the same initial as his dad and we found out then its his dads name/his debt). im now senidng them this template letter.

im wondeinrig now if....

maybe the british gas letter is his dad's debt aswell? but after we wrote to them, asking for more info and stating that this was not his debt they didnt give him the exact name, we dont have any services with british gas but may have had in the past? but we certainly dont remeber anything

how do i make sure that it is my boyf dad's name and not his?

ive written to them already asking for more info but they just wrote back saying a reduced amount was to be paid by 30/08.

sorry to keep goin on.....

but do we send the letter stating he does not acknowledge this debt, do not hassle me anymore or ill take legal action?

or do we write again and ask for the specific name /address on the account? to make sure its not my boyf name, although i did write to them asking for this.

plz advise

rayday2 · 31 August 2007 at 10:55AM

You need to contact them with the letter as planned otherwise you are going to have the thoughts of DCA on your back all the time. Wait for there response and then take it from there.

But your bf should request a copy of his credit file to double check everything on there!

lindsaymccafferty · 31 August 2007 at 12:34PM

Buchannan clarke and wells are nasty people!! DONT PHONE! I wish i hadnt! Admittedly, we owed BG money, but we had never recieved a bill, and as we had moved, they wanted to charge us £10 for a copy. I contacted BG direct and they sent me a copy, which I then paid through BC&W but online so I didnt have to speak to them, they really are horrible horrible people who refuse to assist at all. Good luck, i suggest you ask your BF to speak to his dad to see if it is his debt too, to make him aware.

rog2 · 31 August 2007 at 12:43PM

lindsaymccafferty wrote: »

Buchannan clarke and wells are nasty people!! DONT PHONE! I wish i hadnt! Admittedly, we owed BG money, but we had never recieved a bill, and as we had moved, they wanted to charge us £10 for a copy. I contacted BG direct and they sent me a copy, which I then paid through BC&W but online so I didnt have to speak to them, they really are horrible horrible people who refuse to assist at all. Good luck, i suggest you ask your BF to speak to his dad to see if it is his debt too, to make him aware.

Could not agree more.

dogwoof - re. Barclaycard. Did you send them the letter that I suggested?

http://forums.moneysavingexpert.com/showthread.html?p=6153720#post6153720

As far as BCW is concerned - send them the letter that RAS has suggested.

Do NOT phone them.

Buchanan clark & wells??

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